Pixel Pixel User Agreement
- All visitors (“user”, “you”, “your”) to the Pixel Pixel cloud storage space who decide to upload their art, artwork, images or text are entering a binding legal agreement on the following terms (the “agreement”) as soon any content are uploaded. The agreement is between the user and Pixel Pixel and the continued acceptance of this agreement is effective until official written resignation.
- All visitors (“user”, “you”, “your”) to the Pixel Pixel website at www.PixelPixel.xyz (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Pixel Pixel and use of this website indicates continued acceptance of this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Amendment to this agreement
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Pixel Pixel or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
Pixel Pixel provides services that enable you to publish, sell, and purchase art. The services include payment processing, customer services, product manufacturing and delivery to customers.
Your digital content on the website may be information, text, data, graphics, images, photographs, or any other material posted online. Any content that you upload into your account is described as your “art”. Your art may be viewed by all users of the website once you elect to publish it. You may order a physical product based on your own art or you may offer your art for sale to customers.
You can become a registered member (“member”) of the website by setting up a password-protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website. In its sole discretion, Pixel Pixel may refuse any username that it decides is inappropriate and / or refuse any person from becoming a member.
Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the website or in the course of delivering the Pixel Pixel service.
Putting content on the Pixel Pixel website, server or drive.
You keep the copyright in any content you submit or upload to the website. In order to receive the Pixel Pixel services, you grant Pixel Pixel a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website and, or server, or drive, you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
- the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
- your use of the website will comply with all applicable law and regulations;
- the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer program routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
- the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Pixel Pixel reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Pixel Pixel in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Offering your art for sale on a physical product
Any member may offer their art for sale on a physical product on the website. By agreeing to the terms of this user agreement, you expressly agree to the terms of the Services Agreement, which will apply from the date on which you upload on our website, server or drive or offer your first art for sale and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Paying you after your art is sold
For each sale of products using your art, images or text uploaded and own by you, you will receive a commission based on a percentage according to the category of the product sold.
The percentage and payment is expressed and paid in Canadian dollars and is subject to change at any moment.
The commissions could be modified according to the current promotions.
As part of our customer policy and services, we may refund or credit a customer concerning his dissatisfaction of the product up to 30 days after his purchase. Pixel Pixel payment of commissions will be made in the last week of the month following the sale of your artwork. All commission is paid in Canadian dollars.
Intellectual Property Rights and License
By submitting listings to Pixel Pixel and for the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Pixel Pixel Service in any medium Pixel Pixel chooses, you grant Pixel Pixel a non-exclusive, worldwide, royalty-free, sublicence able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Pixel Pixel services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Pixel Pixel site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Pixel Pixel site access your content through the site, and to share, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Pixel Pixel website.
All intellectual property rights in this website and the Pixel Pixel service (including the software and systems underlying the Pixel Pixel service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trademark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, products or services obtained from any part of this website,
without our written permission.
Your privacy is very important to us. Users of our website, server or drive data is taken seriously. We collect personal data that you have provided to us on a voluntary basis for the purposes to provide, operate and manage the Marketplace as well as to provide our services in accordance with our user agreement. We do not share any information with other third parties.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information; however, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement or relating to your use of any part of the Pixel Pixel service will be exclusively resolved under confidential binding arbitration held in Montreal, Quebec, Canada. All disputes will be resolved in accordance with the applying Canadian law.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You may close your account at any time.
By uploading your art, images, text, to Pixel Pixel website, servers or drive, you agree and grant the reproduction right to Pixel Pixel to generate products and images binding your art, images and text to any product available on the website.
You wish to use Pixel Pixel services to facilitate marketing and sale of your art on a physical product and to manufacture the physical product once an order has been made through www.pixelpixel.xyz (“the website”). Pixel Pixel will provide these services on the terms set out in this Services Agreement. Additionally, Pixel Pixel will provide for delivery of such products to the customer.
1.1 Pixel Pixel, acting as your publisher under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your art in the form of product over the website. On customer order, Pixel Pixel will print your artwork on customer chosen products. Pixel Pixel will then arrange for the delivery the product as per the customer’s instructions. Pixel Pixel will accept customer payment and arrange customer service. Pixel Pixel will then pay effective commissions to you (the artist).
1.2 Pixel Pixel will provide the services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Pixel Pixel is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
- License and standing instructions
2.1 You grant Pixel Pixel a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the services.
- Sale of your products
3.1 You agree that Pixel Pixel makes no representation that it will be able to procure an order for your art and products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
- Payment terms
4.1 We may set payment amount threshold amounts in relation to a month or other time period – and where the payment amount does not exceed any applicable threshold for the relevant period, Pixel Pixel may elect to postpone your payment until the threshold is exceeded.
4.2 It is your responsibility to ensure Pixel Pixel has current details of your postal address and bank account details. Pixel Pixel will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your commissions for up to 12 months from the payment date. If you have not notified Pixel Pixel of any amendment to the payment method details in that time, your commission proceeds will be forfeited to Pixel Pixel.
5.1 You hereby indemnify and will keep Pixel Pixel indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
5.2 This clause 6 will survive the termination of this Services Agreement.
- Limitation of liability
6.1 In no case will Pixel Pixel be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
- Terminating this agreement
7.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
7.2 Pixel Pixel may give notice of termination of this Services Agreement to you in writing at any time.
7.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your art, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Services Agreement by either party, Pixel Pixel will pay you any accrued member margin proceeds from your account, less a 5$CAN administration fee.[/vc_column_text][/vc_column][/vc_row]